Clarification of Class 2 SOT?

[tobnpr]

No intention at the current time to get into NFA...so this is purely hypothetical.

Came across this:

http://www.jgsales.com/colt-fleming...-gun,-very-good-condition,-used.-p-71195.html

And thought, what if...it's my understanding that LE letters are only required from an 01/02 FFL with a class 3 SOT. With an 07, and Class 2 SOT, no letter required, right? Seems an obvious answer that if you're licensed as an NFA manuf- but wanted to check.

 

[mboylan]

Letter required to buy. No letter required to manufacture.

 

[tobnpr]

Thanks. Fail to see the logic in that, but perhaps if there is some, it can be explained to me.

 

[James K]

I thought a dealer sample could be transferred to another SOT dealer without any letter. I was under the impression that a LE letter was required only when an SOT dealer is transferring to an LE agency (to certify that the buyer is an LE agency, since sale of a dealer sample to an individual is prohibited).

Jim

 

[dogtown tom]

tobnpr ....it's my understanding that LE letters are only required from an 01/02 FFL with a class 3 SOT. With an 07, and Class 2 SOT, no letter required, right? Seems an obvious answer that if you're licensed as an NFA manuf- but wanted to check.

Transferring a "dealer sample" to another 01/SOT or 07/SOT requires a law enforcement demonstration letter except when a licensee is going out of business. (then no LE letter is required for 07/SOT)

James K I thought a dealer sample could be transferred to another SOT dealer without any letter.

Nope. (I wish that was the case)

 

[tobnpr]

Got it, thanks. Still, does seem a bit illogical that you can build one, but can't have one transferred to you (without LE letter).

 

[dogtown tom]

tobnpr Got it, thanks. Still, does seem a bit illogical that you can build one, but can't have one transferred to you (without LE letter).

It's logical when you consider that an 07/SOT who manufacturers a machine gun can only transfer it to LE or military.

That's why they are referred to as "dealer samples".

The intent of the Hughes Amendment was to prohibit the manufacturer of fully transferrable machine guns to anyone but LE/Mil.

 

[tobnpr]

It's logical when you consider that an 07/SOT who manufacturers a machine gun can only transfer it to LE or military.

I thought NFA firearms can be transferred between FFL's/SOT's on a Form 3??
See 9.4.1

https://www.atf.gov/file/58231/download

Please refer me to the reg that prevents Form 3 transfers from 07/02 to another 07/02.

An 07 (with class 2) could build one legally, with no demonstrable need for LE/military sale or use required (letter)- keep it on premises for occasional range use and testing; or is this prohibited?

I had read that there are legal "perks" to the 07/02, and this would be one for those so inclined. Again, not my interest- just trying to clarify an NFA regulation.
I was asked at inspection if I was going to deal in NFA and told him no- and he did give me the name of reference he suggested in the event I decide to.

NFA= a whole 'nother ballgame.

 

[Gunfixr]

I dont think a demo letter is required for transfer between 07s with sots, only to 01/02s. I forgot to check the nfa handbook today to be sure, just got busy.
I will check it next week if i can remember.
A demo letter is not required to manufacture.
I dont remember seeing anything about a demo letter to transfer to another 07, but a demo letter is required to transfer a post 86 sample to an 01 or 02 with sot.
So yes, a perk of an 07 is that you can manufacture and paper machineguns, but there really isnt anyone to sell them to, so there is no profit margin. The licensing is kind of expensive to maintain, just to have toys. If you close the business, you cannot transfer them to yourself or any other individual. They must go to one of a very short list of possibles, be handed over to atf, or just destroyed.
As atf says "once a machinegun, always a machinegun".

 

[tobnpr]

Thanks.
Just curious about NFA regs as it's always been kind of a ultimate "goal" as it were to take a demilled MG and make it functional someday loooong into the future if skills and knowledge ever get there.

 

[dogtown tom]

tobnpr

Quote:
It's logical when you consider that an 07/SOT who manufacturers a machine gun can only transfer it to LE or military.

I thought NFA firearms can be transferred between FFL's/SOT's on a Form 3??
See 9.4.1

If you had quoted my entire response you would have noticed my reference to "dealer samples".....ie machine guns that can be transferred between licensees/SOT's with a law letter.

Please refer me to the reg that prevents Form 3 transfers from 07/02 to another 07/02.

Huh? Who the heck made that claim?
Dealers and manufacturers can transfer any post '86 machine gun (often referred to as "dealer samples") to any other dealer/manufacturer with an SOT who has a "law letter".

ATF "Law Letter" requirement:https://www.atf.gov/press/releases/1999/11/111099-openletter-nfa-law-letter-requirement.html

An 07 (with class 2) could build one legally, with no demonstrable need for LE/military sale or use required (letter)- keep it on premises for occasional range use and testing; or is this prohibited?

Manufacturing machine guns for testing and research purposes is allowed, but the same restrictions on the transfer of post '86 machine guns remains.

I had read that there are legal "perks" to the 07/02....

It ain't "perks".....it's what you pay for when you are licensed as a manufacturer and pay your yearly SOT and yearly ITAR.

 

[tobnpr]

Tom-
Thanks for the link to the law letter. Self-explanatory, it is.

PM sent.

 

[RCT]

Manufacturing machine guns for testing and research purposes is allowed

Actually, if you read the NFA handbook it expressly forbids machine gun building for testing or research.